Thread: Hazleton’s Illegal immigration law: Barletta gets legal help

http://www.timesleader.com/mld/timeslea ... 323111.htm

Posted on Mon, Aug. 21, 2006

Hazleton’s Illegal immigration relief act
Barletta reinforced to defend law
Feds’ ex-chief immigration law adviser to help mayor in legal fight. Legal groups also to aid.

By STEVE MOCARSKY smocarsky@leader.net

HAZLETON – - HAZLETON – The city has hired the U.S. Attorney General’s former chief immigration law adviser to defend the city’s Illegal Immigration Relief Act ordinance in court.

Mayor Louis Barletta said on Sunday that he has also accepted offers of pro bono legal assistance on the case from two nonprofit legal foundations – Mountain States Legal Foundation and the Federation for American Immigration Reform.

Backed by 24 lawyers from three civil rights organizations and five private law firms, 11 individuals and three businesses and charitable organizations filed a lawsuit against the city last week in federal court in Scranton, seeking to have the ordinance declared unconstitutional.

The ordinance, passed in July, makes English the official language in the city, fines landlords $1,000 a day for knowingly renting to illegal aliens, and revokes business licenses of merchants who knowingly employ them.

Barletta said he sought help from Kris W. Kobach, an immigration attorney and professor of law at the University of Missouri-Kansas City School of Law, and Kobach agreed to take the case.

A graduate of Harvard and Oxford universities and Yale Law School, Kobach was appointed Attorney General John Ashcroft’s chief adviser on immigration law and border security in 2001. After the Sept. 11 terrorist attacks, Kobach was put in charge of Department of Justice efforts to tighten border security and “return the rule of law to immigration,” according to his biography on the university Web site.

Kobach has testified before Congress many times, usually on questions involving immigration law. He has also testified more than a dozen times before various state legislatures on the constitutionality of proposed legislation.

In a telephone interview on Sunday, Kobach said he decided to honor Barletta’s request to take the case because he’s “been involved in immigration law enforcement for a long time, both in the U.S. Department of Justice, and as a private attorney who believes we need to enforce our immigration laws.”

“When Hazleton took the lead in passing this ordinance, I felt it was important to be defended and wanted to offer my services to do so,” Kobach said.

“I believe that discouraging employers from hiring illegal aliens is one of the most important things that a local or state entity can do to support the federal government in restoring the rule of law in immigration. Jobs are the magnets that lure illegal aliens into this country,” Kobach said.

Regarding the landlord provisions in the ordinance, Kobach said that “for decades, it has been a crime under federal law to harbor illegal aliens. A fundamental component of harboring is knowingly providing housing to illegal aliens. And this local statute reinforces federal law in that respect.”

And regarding English as the official language of the city, Kobach said “more than 20 states already have a law on the books making English the official language of the state. Those laws have been tested in court and they have been upheld.”

Kobach said he agreed to accept reduced rates for his legal fees because “Hazleton is not a big city and does not have legions of lawyers and the kind of tax base to throw tons of money at this. I wanted to help in any way that I can, and one way is to offer a rate that’s less expensive than a Philadelphia law firm.”

Fortunately for Barletta and the city’s coffers, officials from the Mountain States Legal Foundation and the Federation for American Immigration Reform, or FAIR, have offered free additional legal assistance.

FAIR’s Web site identifies it as an immigration reform group whose 200,000 members and supporters fund “research, public education, media outreach, grassroots organizing, government relations, litigation and advocacy at the national, state and local levels.”

The site boasts that FAIR’s publications and research are used by academics and government officials in preparing new legislation, and that the organization has been called to testify on immigration bills before Congress more than any organization in America.

Barletta said Kobach had been in contact with FAIR officials during the weekend, and they have signed on board.

Mountain States, according to its Web site, is “a nonprofit, public interest law firm” that “undertakes nationally significant public interest litigation, throughout the country, without charge on behalf of deserving clients.”

Current high-profile cases in which Mountain States is assisting in the representation of government entities include:

• Maria Gonzalez and others versus the state of Arizona and others – at issue is whether Arizona may require proof positive of U.S. citizenship in order to vote in state elections.

• Forum for Academic and Institutional Rights versus Secretary of State Donald Rumsfeld and five other Cabinet officers – at issue is whether Congress may condition federal funding upon the willingness of colleges and universities to permit military recruiters upon their campuses.

Barletta said Mountain States’ president and chief legal officer William Perry Pendley flew in from Colorado and met with him on Friday to discuss the case.

“I believe this is the best immigration law team we could put together. They’re the top in their field and have vast experience in the issue,” Barletta said.

Barletta said he will continue to solicit donations for the Hazleton Legal Defense Fun through the Web site www.smalltowndefenders.com to cover Kobach’s fees. If the city loses the lawsuit, it could be responsible for paying the plaintiffs’ legal fees as well.


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Steve Mocarsky, a Times Leader staff writer, may be reached at 459-2005.

This does sound encouraging. Kobach is obviously as experienced as they come in this area. And groups are jumping in to support Hazelton - fantastic. The entire nation will be watching this case and it has to win on the side of citizens. You hear? Citizens!!! Our current laws have not been enforced for too long and thus we have such situations in towns across the nation. I blame our corrupt politicians for this mess. Hazelton must win this case.

After the day I am having, this is good news! Keep fighting the good fight.

This is great news!!!! Go get em!!!!!

This is great news!!!!

Sure is!

Don't forget folks. If you got any to spare. Please donate. These little towns need our help!